The main legal point established in the judgment is the requirement for voluntary, reliable, and consistent dying declarations, along with the need for corroboration and prompt recording to ensure their credibility.

JUDGMENT :

Vibha Kankanwadi, J.

1. Original accused – present appellant takes an exception to challenge his conviction in Sessions Case No.397 of 2010 by learned Additional Sessions Judge, Aurangabad on 17.02.2017, by holding the appellant guilty of committing offence punishable under Section 302 of Indian Penal Code.

2. The prosecution story is that deceased Shital Bansilal Manpure @ Shital Arjun Patthe @ Shital Raju Irche (as these names are appearing in the record) came to be admitted with Ghati Hospital, Aurangabad on 26.05.2010. The Medico Legal Certificate is stated to be given on 13.06.2010 to the police chowki situated within the hospital premises. She was admitted with 59% superficial to deep burns. After the Medico Legal Certificate was given, P.W.5 PHC Kautik Gore was asked by PSO Jawahar Nagar Police Station to carry out the further activities. Thereafter, he went to hospital and recorded the dying declaration around 11.40 p.m. after getting the endorsement by the medical officer that Shital was in a fit state of mind to give the statement. On the basis of said statement, offence came to be registered on 14.06.2010 under Section 307 of Indian Penal Code vide Crime No.96 of 2010. Thereafter, he gave letter to P.W.3 Dulaji Mendke – Naib Tahsildar cum Executive Magistrate on 14.06.2010 to record the statement of Shital. Accordingly, P.W.3 Mendke went to hospital and recorded dying declaration Exhibit-37 between 9.42 a.m. to 10.05 a.m.

3. It was revealed that deceased Shital was residing with the appellant and P.W.2 Akash Deepak Patthe. It was also revealed from the dying declaration and the statement of witnesses that Shital was earlier married to one Deepak Patthe. P.W.2 Akash is their son, however, at the time of incident and about four years prior to the incident, Shital was not residing with Deepak, but accused was residing with her. It is said that they were staying as husband and wife, but they were not married. After the offence was registered, investigation was undertaken. Panchanama of the spot came to be executed. Statement of P.W.2 Akash came to be recorded, so also that of the other witnesses. Shital was expired on 24.06.2010 and thereafter intimation was given to the police and then after executing inquest panchanama, the dead body was sent for postmortem and offence under Section 302 of Indian Penal Code came to be added. Accused came to be arrested and after the completion of investigation, charge-sheet was filed.

4. After the committal of the case, charge was framed against the appellant. He pleaded not guilty. The prosecution, therefore, examined in all eight witnesses to bring home the guilt of the accused. After the evidence on record and hearing both sides, the learned Trial Judge held that the offence has been proved by the prosecution and, therefore, the accused came to be convicted and sentenced to suffer imprisonment for life and to pay fine of Rs.10,000/-, in default, to suffer simple imprisonment for six months for the offence punishable under Section 302 of Indian Penal Code. Set off was granted under Section 428 of the Code of Criminal Procedure. This is the judgment and order which is under challenge in this appeal.

5. Heard learned Advocate Ms. Poonam V. Bodke Patil for the appellant and learned APP Mr. A. M. Phule for the respondent – State.

6. It has been vehemently submitted on behalf of the appellant that the learned Trial Judge has absolutely not appreciated the evidence properly. The Trial Court failed to consider that the first dying declaration i.e. Exhibit-52, which was recorded by P.W.5 Kautik Gore was after many days of the incident and the delay in recording the dying declaration has not been explained by the prosecution. Dying declaration recorded by P.W.3 Mendke – the Naib Tahsildar is after the FIR. The learned Trial Judge failed to consider that P.W.2 Akash has turned hostile, though as per the prosecution story he was inside the house when the alleged incident took place in the